IMPORTANT POINT
IMPORTANT POINT
Internal disputes of societies must be resolved through established mechanisms under the Societies Registration Act, not through judicial intervention.

ORDER :

1. The grievance of petitioner is that the representation dated 07.10.2023 submitted to the 1st respondent-Registrar of Societies to take action on the illegalities of Respondents 2 to 4, has not been considered.

2. Petitioner states that the 2nd respondent is a registered society, looking after the affairs of Hyderabad and Secunderabad Districts, the 3rd respondent is looking after the affairs through the State and the 4th respondent is the Central governing body of Jamiat Ahle Hadees Hind. It is stated that petitioner’s committee was elected by the Musallies of the area masjid namely Masjid-e-Mohammaida Jamat-e-Ahle Hadis, Ambernagar, Warasiguda, Secunderabad, under the supervision of the 2nd respondent office bearers and the 2nd respondent issued proceedings dated 27.12.2015 for a tenure from 20.12.2015 to 19.12.2020. It is also stated that the tenure of the body expired by 19.12.2020; the 2nd respondent conducted election in a fair manner under the supervision of the office bearers on 21.02.2021 and the Committee was permitted for a term from 21.02.2021 to 20-2026. However, the 2nd respondent on the complaint of the opponent who lost election, without calling any objections, had taken away their right to vote in the forthcoming elections scheduled to be held on 07.01.2024 through Whats App, resultantly, their Masjid Committee and Halqa Committee (local unit) was dissolved unlawfully. It is stated that when the Managing Committee installed SS railing on the main entrance of Masjid door, it was broken by their opponent, which resulted in registration of FIR No. 202 of 2022.

The case of petitioner is that their opponent candidate Mohammed Abdul Salam declared himself as President elected unanimously managing the waqf authorities in bringing proceedings dated 10.08.2022 and on 14.08.2022 declared that whatever the affairs of their mosque, they should be done according to the said Abdul Salam only and the Waqf Board would take the masjid into direct management. Petitioner is stated to have immediately approached the Waqf Board which directed them to bring a letter from the 2nd respondent that their committee is existing and the proceedings issued in the name of election lost candidate. Accordingly, they approached the 2nd respondent on 14.08.2022, who, in response to the representation, vide letter dated 21.08.2022 dissolved the petitioner’s committee, observing that there were differences with Musallies, unwarranted police involvement instead of approaching Jamiat for conflict resolution; baseless FIR registrations against uninvolved parties; reluctance to engage with the settlement committee formed by Jamiat and the alleged involvement of his son, Secretary Abdul Quddus in a dance and singing programme shared on social media.

3. Learned Senior Counsel Sri J. Prabhakar appeared on behalf of Sri Mohammed Imthiyaz Pasha, learned counsel for petitioner and submits that the 2nd respondent violated the provisions of the Telangana Societies Registration Act, 2001 (for short ‘the Act’) and the rights guaranteed under the statute. According to the learned Senior Counsel, Section 14(3)(1) says that every Society shall maintain a register showing the names, addresses, occupation of the persons, who are members of the Committee and shall file with the Registrar a copy of the register within a period of fourteen days from the date of election of the members of the first Committee and in this case, Respondents 2 to 4 have violated the provisions of the Act and they cannot act on their own whims and fancies.

4. This Court while issuing notice to Respondents 2 to 4 vide order dated 05.01.2024, granted interim stay and the said order was extended from time to time.

5. Petitioner had taken out I.A. No. 2 of 2024 wherein by order dated 13.02.2024, the alleged opponent was brought on record as the 6th respondent.

6. The 3rd respondent filed the counter-affidavit stating that they are responsible for overseeing state-level affairs, acknowledges